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Legislative Assembly for the ACT: 1999 Week 13 Hansard (7 December) . . Page.. 3893 ..

MR HARGREAVES: I move:

Clause 31 -

Page 20, line 26, subclause (3), omit "if the court orders a longer period, the longer period", substitute "if the court orders another period, the other period".

Clause 32, page 22 -

Line 34, paragraph (6) (a), omit "if the court orders a longer period, the longer period", substitute "if the court orders another period, the other period".

Line 36, paragraph (6) (b), omit "if the court orders a longer period, the longer period", substitute "if the court orders another period, the other period".

Subclause 31(3) states:

... if the court orders a longer period, the longer period.

My amendment to this subclause and my other amendments seek not to define a period. We say that where the court decides on a period so be it. We do not feel that we need to direct the court to order a longer period.

MR SMYTH (Minister for Urban Services) (7.40): Mr Speaker, the Government will oppose these amendments. We believe the Bill is fine as it is.

Amendments negatived.

Clauses agreed to.

Remainder of Bill, by leave, taken as a whole.

MR SMYTH (Minister for Urban Services) (7.41): Mr Speaker, I move:

Page 31, line 26, dictionary, definition of probationary licence , paragraph (a), omit the paragraph, substitute the following paragraph:

"(a) a driver licence, other than a learner licence, issued under this Act to a person who applies for a driver licence after a period of disqualification (whether or not by court order) from holding or obtaining an Australian driver licence; or".

This amendment to the definition of "probationary licence" is necessary because the national definition for this type of licence does not recognise the situation where a person is automatically disqualified under the road transport legislation. For example, clause 62 of the Road Transport (General) Bill provides for automatic disqualification for culpable driving. The amendment also recognises that a person who is disqualified for an offence whilst the holder of a learner licence, must be issued with a new learner licence rather than a probationary licence after the disqualification period ends. This is

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